Why Besigye, Lutale are spending second Christmas in prison

KAMPALA - Four-time presidential candidate Dr Kizza Besigye and his aide, Hajji Obeid Lutale, are set to spend a second consecutive Christmas holiday in Luzira Prison.

The development follows the High Court postponing delivery of their bail ruling.
The duo, who are facing treason charges, had expected the court to pronounce itself on the matter today (December 23, 2025), but the ruling was not ready.

In a statement released today, Criminal Division of the High Court assistant registrar Godfrey Ssalaamu Ngobi says he has been instructed by trial judge Emmanuel Baguma to communicate the new date (December 29) for the bail ruling.

“I have been directed by the trial judge to inform you that the ruling in the said application will not be ready on December 23, 2025, as earlier communicated by him,” Ngobi said.

According to the registrar, the ruling will be delivered on December 29, 2025, at 11:00am, in the presence of the accused persons, their lawyers and prosecutors. This reverses the judge’s earlier plan to deliver the ruling by email.

Production warrant

Ngobi has also issued a production warrant, requiring prison authorities to present Besigye and Lutale before court on that date for the bail ruling.

On the same day, Justice Baguma is expected to determine a separate application in which the defence seeks to temporarily halt the ongoing treason trial, pending the Constitutional Court’s determination of their petition.

The duo petitioned the Constitutional Court seeking a declaration that a judicial officer’s refusal to recuse himself from their treason case after a complaint against him was filed with the Judicial Service Commission contravenes the law. 

The two are jointly charged with treason and misprision of treason alongside Uganda People’s Defence Forces (UPDF) officer Capt. Denis Oola attached to the armoured brigade. The offences attract a maximum sentence of death on conviction.

Arguments

On December 22, defence lawyer Earnest Kalibbala asked the court to release Besigye and Lutale on bail, in case a stay of proceedings is granted.

Other defence lawyers, include Kenyan Martha Karua, Kampala Lord Mayor Erias Lukwago, Fred Mpanga, Bayern Turinawe, Farouk Kamulegeya, Abubakkar Ssekanjako, Kato Tumusiime and Simon Nsubuga.

“Your only concern should be if the accused will return to court for trial,” Kalibbala said.

The lawyer submitted that the accused persons (Besigye and Lutale) have fixed places of abode in Buyinja Zone in Kasangati and Kisigula Cell in Makindye-Ssabagabo, respectively.

Kalibbala also stated that duo is of advanced ages of 69 and 66, respectively, with no prior convictions, and have a record of complying with previous bail terms.

He submitted that investigations are complete and sureties who were already found to be substantial are still available and implored Baguma to release Besigye and Lutale on bail, pending trial.

In rebuttal, Chief State Attorney Richard Birivumbuka asked the court not to grant Besigye bail, arguing that the application was filed to frustrate the trial and that "similar applications have been made in the past and dismissed."

Birivumbuka was assisted by the Assistant Director of Public Prosecutions, Thomas Jatiko.

Prosecution alleges that Besigye, Lutale, Oola and others still at large, between 2023 and 2024 in various countries, including Switzerland, Greece, Kenya and in Kampala (Uganda), contrived to overturn the Government of Uganda by force of arms.

According to the charge sheet, the accused, knowing that another person intended to commit treason, did not give information to Ugandan authorities to prevent the commission of treason, which are tantamount to misprision of treason.